Poe V. Leonard

11115 Words Apr 25th, 2013 45 Pages
BACKGROUND
Because this is an appeal from the denial of a motion for summary judgment, we construe the evidence in the light most favorable to Poe, the non-moving party. See, e.g., Goldberg v. Cablevision Sys. Corp., 261 F.3d 318, 324 (2d Cir.2001).
I. Factual Background
A. The Filming of the Trooper Candidate Testing Videos
At some time during the fall of 1992, several administrative officials of the Connecticut State Police ("CSP") and the Connecticut Department of Administrative Services began to revise the testing procedures for trooper candidates at the CSP Training Academy ("police academy"). Captain Leonard, who had just assumed command of the CSP Bureau of Selections and Training,[1] supervised this ongoing project along with
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In 1989, Pearl was given an unsatisfactory performance evaluation report for photographing several young women in swimsuits in a private bedroom while filming a public safety announcement. In 1983, a woman filed a formal complaint against Pearl, alleging that he made "numerous unwanted and improper advances" toward her and improperly touched her when he escorted her to and from the hospital following her epileptic seizure. These incidents, however, all occurred well before Leonard assumed command.
Although the incidents were described in Pearl's personnel file, at no time prior to the incident involving Poe did Leonard review Pearl's personnel file.[2] Leonard was unaware of, and was not informed by his predecessor[3] of, any performance or disciplinary issues involving Pearl at any time prior to the incident involving Poe.[4] In his affidavit, Leonard indicated that it "is not the policy or practice of the CSP for supervisors newly assigned to supervisory 128*128 positions to review the personnel, disciplinary or internal affairs files of subordinate employees without some justifiable reason to do so." Leonard Aff. ¶ 11. Leonard also testified during his deposition that while outgoing supervisors and their replacements may discuss informally any pending personnel problems, the CSP had no formal policy of outgoing supervisors providing such information to their replacements.
Unaware of…